Brinley v. Ives

The plaintiff appealed to the Superior Court from the assessment of damages by the defendant for the taking of a portion of his property for highway purposes. General Statutes *719§ 13a-76. The referee, to whom the case was referred, increased the amount of the damages, and judgment accepting the report was rendered on May 3, 1963. Barring an appeal to this court, the reassessment was final and conclusive. Ibid. Nevertheless, the trial court on April 21, 1964, granted a motion to open the judgment and referred the matter back to the same referee for the purpose of taking further evidence.

The…